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About this newsletterThe Harper Grey LLP Insurance Law Update provides a monthly review of new cases and emerging issues in Canadian insurance law. These summaries are not legal opinions. Readers should not act on the basis of these summaries without first consulting a lawyer for analysis and advice on a specific matter. |
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Automobile insuranceStatutory provisions - Policies and insurance contracts - Limitation of actions - Running of limitation period - Extention of time The one year limitation period set out in clause 6(c) of the SEF 44 endorsement may start to run only when a judgment or binding settlement legally fixes the amount of those claims. This often allows an injured person to sue later than the ultimate "ten year" statutory section 3(1)(b) of the Limitations Act. Section 7(1) of the Limitations Act expressly allows that extension. Alternatively, section 647 of the Insurance Act permits the contractual limitation period in the endorsement. |
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Duties and liabilitiesBad faith; Group insurance - Long term disability benefits; Disability insurance - Proof of disability - Policies and insurance contracts - Breach of policy; Practice - Parties to action When an insurer acts as a claims administration service only, but makes decisions regarding the adjudication of claims, computation and issuance of benefits it owes a duty to the insured to act in good faith. As such, the traditional tort of intentional procurement of breach of contract is broad enough to capture bad faith actions by an adjuster that bring about the rejection of a meritorious claim for insurance benefits. |
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Liability insuranceDuty to defend - Interpretation of policy - Commercial general liability insurance - Exclusions - Additional named insured - Contra proferentum rule; Pleadings - Underlying action; Conflict of interest - Appointment & instruction of counsel - Defence cost An insurer was found to have a duty to defend university employees in the context of claims by a former student for misappropriation of ideas and use of concepts. |
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Life insuranceAccidental death - Exclusions - Beneficiaries; Policies and insurance contracts - Coverage - Terms of policy - Required license - Interpretation of policy; Pilots - Medical certificate An insurer denied payment on a life insurance policy following the death of the insured in a plane crash, based on an exclusion clause requiring the insured to have the "required licence" to fly. The decision was upheld because the insured's medical certificate had expired one year before the accident. |
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Would you like us to cover a specific insurance law topic in a future issue of this newsletter? Please feel free to email me with your suggestions. Thank you, |
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